If you do not regularly read Max Kennerly’s Litigation and Trial blog you are not taking advantage of a wonderful opportunity to learn. I have never met Max, but his blog is well-written, thoughtful, and informative. Need to be convinced? Read his post titled "Always Draft Angry Briefs. Never File…
Legislation has been introduced that would require a patient suing an emergency room doctor, on-call specialist, or hospital providing emergency room services to prove that the negligence of the provider rose to level of gross negligence. Given the declining number of medical malpractice cases and the fact that there are…
The Civil Litigation Blog has shared a list of themes that can be used in personal injury trials. While there is nothing particularly original on the list, I do not recall ever seeing such a list of potential themes in one place.
Once again we turn to Paul Luvera for guidance on some aspect of trial practice. Paul is an extraordinary lawyer who is kind enough to share his knowledge with us on a regular basis via his Plaintiff Trial Lawyer Tips blog. This time, Paul shares his method of organizing for…
The National Safety Counsel announced yesterday that it estimates at least 28% of all traffic crashes – or at least 1.6 million crashes each year – are caused by drivers using cell phones and texting. From the organization’s press release: The estimate of 25% of all crashes — or 1.4 million…
Check out this commercial. I don’t think this type of advertising would impact the lawyer’s credibility before the average Texas jury. Do you?
I am an optimist. Nevertheless, I attempt to have a "Plan B" in the event things go wrong. For example, consider a case that Rebecca Blair and I tried a few years ago. We needed a computer in the courtroom. But because both of us have been around long…
Work is underway on the third edition of Day on Torts: A Handbook for Tennessee Tort Lawyers. Laura Bishop and I have already identified over 30 new sections that need to be added to the book, as well as citations to well over 200 new cases. If you have come…
Some of you heard me rant about West Publishing Company during the recent Justice Programs seminar. Well, here are a couple great posts about West’s pollution of the blawgosphere. The controversy arose when Findlaw launched "The New York Personal Injury Law Blog" years after a wonderful blog by the same…
Tennesseans are clearing the grocery stores of bread, milk and other essentials as the National Weather Service informs us that snow will cover the state. The threat of bad weather gives us the opportunity to review the law of Tennessee concerning the liability of possessors of land concerning ice and…